As a general rule, if the lease term for a building or other capital structure or parts thereof is: - less than 3 years - the lease can be concluded in simple written form, that is, without a notarization (if one of the parties to the agreement is a tenant or lessor - is an individual); - 3 years or more - then the lease is subject to mandatory notarization, and the right to use leased property - state registration. But no one prevents you from notarizing a contract concluded for a period of less than 3 years. If you do this, then in the future it will be easier for you to confirm the conclusion of the contract and be protected from the risk of recognizing the contract as null and void on the basis of Art.
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What exactly does the notary certify with his signature on the lease agreement? First, a notary is a person authorized by the state to certify facts of legal significance. And the facts having legal significance are actions, as a result of which the rights and obligations of individuals or legal entities arise, change or terminate. In our case, such a legal fact is the conclusion of the lease of the premises, because after its conclusion: - the enterprise has the right to use the leased premises in its economic activities and the obligation to pay the rent to the individual; - physical persons are obliged to transfer the premises to the enterprise for rent and the right to receive rent from the enterprise. Secondly, the notary establishes and confirms that when concluding a lease agreement for premises, the enterprise and the individual: - had the right and wanted to conclude a lease agreement for the premises; - the parties signed the said agreement voluntarily in order to achieve the consequences provided by this agreement; - the contract was signed exactly by this individual and authorized persons of this enterprise. Therefore, having spent time and money to visit a notary, the tenant company will increase its chances to protect itself from possible claims from both the physical entity and state bodies if they call into question the legality of the conclusion of the contract.
For more detailed description of the important conditions for concluding a lease agreement, please refer to the journal 'BALANCE' from 21.07.14. Related news.
Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation from N 53: in accordance with paragraph 2 of Article 651 of the Civil Code of the Russian Federation, the lease of non-residential premises, concluded for a period of not less than one year, is subject to state registration and is considered concluded from the moment of such registration. The lease contract for non-residential premises, concluded for a period of less than one year, is not subject to state registration and is considered concluded from the moment determined in accordance with paragraph 1 of Article 433 of the Civil Code of the Russian Federation. In your case, registration.